SECTION 1.6.2: OVERTIME AND FLSA/NON-FLSA COMPENSATORY TIME.

SECTION 1.6.2: OVERTIME AND FLSA/NON-FLSA COMPENSATORY TIME.

(a) Definition. Full-time and permanent part-time employees' overtime is authorized or ordered work actually worked by an employee which is in excess of the full regularly scheduled work period. No employee will be paid overtime unless he/she actually works more than the total number of hours in the full (40, 80 or more) work period as defined in Section 1.5.1 (Work Periods), or in specific instances provided below.

(b) Overtime Designators and Compensation for Overtime. The following describes each overtime designator and the compensation for overtime in accordance with the overtime designator. The Salary Schedule contains a list of all classes. Each class is assigned an overtime designator in the column entitled "Overtime Eligibility." The designator identifies eligibility for overtime as one of the following types:

(1) Designator "X" - Not Eligible for Overtime. Employees are not eligible for overtime and not eligible to accrue or accumulate compensatory time off.

(2) Designator "E" - Straight Cash or Compensatory Time Off.

(a) Employees in classes with overtime designator "E" are exempt from the Fair Labor Standards Act (FLSA) but eligible for Non-FLSA cash or compensatory time off on an hour-for-hour basis for authorized overtime worked. The decision to pay cash or compensatory time off shall be at the discretion of the appointing authority.

(b) Employees in eligible classes listed below are eligible for compensatory time off on an hour-for-hour basis for authorized overtime worked to be taken as authorized by the appointing authority. If granting compensatory time off would impair the effective operation of the department, or if authorizing payment of cash in lieu of compensatory time off would improve the operation of the department, the appointing authority, with the approval of the Chief Administrative Officer, may authorize the payment of cash at straight-time rates in lieu of compensatory time off. Cash payments shall not be made unless the required approvals are given prior to the time the overtime is worked.

Eligible Classes: Classes designated SM.

(c) This provision shall not be construed to provide payoff of all or any portion of compensatory time balances unless

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specified otherwise in Subsection 1.6.2(l) (Cash Pay Off of Compensatory Time Balances) below.

(d) The decision to pay for overtime worked in cash or compensatory time off shall be at the reasonable discretion of the appointing authority with consideration for the employees' choice. Employees may request in advance their preference for cash or compensatory time off. The appointing authority shall grant the request if it meets the operational and/or funding needs of the department. The decision of the Appointing Authority or designee is final. An employee shall not be denied overtime opportunities due to requested preferences made pursuant to this section.

Eligible Classes: Classes Designated CM or CR

(e) The decision to pay for overtime worked in cash or compensatory time off shall be at the reasonable justifiable discretion of the appointing authority with consideration for the employees' choice. Employees may request in advance their preference for cash or compensatory time off. The appointing authority shall grant the request if it meets the operational and/or funding needs of the department. The decision of the Appointing Authority or designee is final. An employee shall not be denied overtime opportunities due to requested preferences made pursuant to this section.

Eligible Classes: Classes Designated AE, CL, FS, HS, MM, PR, PS, RN, SS, and SW

(Amended 10/08/13, Ord. No. 10293) (Amended 12/03/13, Ord. No. 10303) (Amended 01/10/14, Ord. No. 10316) (Amended 10/13/17, Ord. No. 10499)

(3) Non-Exempt Designator "N" - Premium Cash or Compensatory Time.

(a) Non-exempt employees covered by the FLSA are eligible for overtime at time and one-half (1?) cash or compensatory time off. The decision to pay cash or compensatory time off shall be at the discretion of the appointing authority.

(b) For employees in classes with non-exempt designator "N," cash payment shall be made at straight-time rates for all of the eligible employees' FLSA compensatory time balance upon termination. This payoff shall be at the average hourly

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rate received by the employee during the last three years of employment, or the final hourly rate, whichever is higher.

(c) Classes designated DI and DM. Eligible for cash compensation at one and one-half (1-1/2) rate for each hour of overtime worked over 85 hours in a work period. With the approval of the appointing authority, eligible employees in classes with designator "N" may receive compensatory time off at one and one-half (1-1/2) rate in lieu of cash compensation. The appointing authority may approve the payment of cash at the regular hourly rate in lieu of compensatory time for any portion of an employee's accumulated FLSA compensatory time that has been on the employee's leave balance for more than thirty (30) days.

(d) Classes Designated PO and SO.

(i) Full-time Employees: Full-time employees' overtime is authorized or ordered work, actually worked by an employee, which is in excess of the employee's regularly scheduled work period. No full-time employee will be paid overtime unless he/she works more than eighty-four (84) hours in any work period. When the appointing authority establishes a work schedule which is the employee's routine work schedule, and such schedule results in the employee routinely working more than eighty-four (84) hours in a work period, the hours actually worked in the work period which exceed eighty-four (84) hours shall be considered overtime.

(ii) Part-time Employees:

Permanent part-time

employees' overtime is authorized or ordered work,

actually worked by an employee, which is in excess of

eighty-four (84) hours per work period. When the

appointing authority establishes a work schedule

which is the employee's routine work schedule, and

such schedule results in the employee routinely

working more than eighty-four (84) hours in a work

period, the hours actually worked in the work period

which exceed eighty-four (84) hours shall be

considered overtime.

(iii) Extra Hours Worked: Extra hours or hours actually worked in excess of eighty (80) hours but less than eighty-four (84) hours in the fourteen (14) day consecutive day work period shall be compensated at straight time hourly rate.

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(e) Classes Designated DS: Overtime is authorized or ordered work, performed by an employee which is in excess of eighty-five (85) hours in the standard work period.

(Amended 08/01/08, Ord. No. 9946)

(f) The decision to pay for overtime worked in cash or compensatory time off shall be at the reasonable discretion of the appointing authority with consideration for the employees' choice. Employees may request in advance their preference for cash or compensatory time off. The appointing authority shall grant the request if it meets the operational and/or funding needs of the department. The decision of the Appointing Authority or designee is final. An employee shall not be denied overtime opportunities due to requested preferences made pursuant to this section.

Eligible Classes: Classes Designated AE, CL, CM, CR, FS, HS, MM, PR, PS, RN, SS, and SW

(Amended 10/08/13, Ord. No. 10293) (Amended 12/03/13, Ord. No. 10303) (Amended 01/10/14, Ord. No. 10316)

(c) Work Hours Required Before Overtime is Accrued.

Work Period Hours Required Before Overtime is Accrued

Union Code

CEM*, MA*, MM*, PR* SM (7K Exempt) AE, CE, CEM*, CL, CM, CR, FS, HS, MA*, MM*, NA*, NS, PR*, PS, RN, SS, SW Classes: 5726, 5727, 5728, 5729 (Public Assistance Investigator Tr, I, II and Supervisor)

O/T Code E E N

N

Reg Work Period

Days Hours 14 80

14 85

7

40

14 80

Full-Time Employee Wk 1 Wk 2

80

85

Permanent Part-Time Employee Wk 1 Wk 2

80

85

O/T Earned at:

1.0 after 80 hours 1.0 after 85 hours

40

40

40

40 1.5 after 40 hours

80

80

1.5 after 80 hours

PO, SO (7K Exempt) N

DI, DM

N

14 80/84

14

85

80/84 85

80/84 85

1.0 after 80 hours, then 1.5 after 84 hours

1.5 after 85 hours

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Work Period Hours Required Before Overtime is Accrued

Union Code

O/T

Reg Work

Code

Period

Days Hours

Full-Time Employee Wk 1 Wk 2

Permanent Part-Time Employee Wk 1 Wk 2

O/T Earned at:

DS (7K Exempt)

N

14 85

85

85

1.5 after 85 hours

AM, AS, CC, CEM*,

CS, DA, EM, MA, NA*, X

N/A N/A

N/A N/A N/A N/A Not Eligible for Overtime

NE, NM, PD, PM, UM

*Job Codes/Classifications in this Union Code may have an E, N, or X Overtime Code. You should verify you are using

the correct row of information.

(Amended 08/01/08, Ord. No. 9946) (Amended 09/26/08, Ord. No. 9955) (Amended 01/11/13, Ord. No. 10244) (Amended 07/08/16 & 07/28/16, Ord. No. 10432) (Amended 06/28/22, Ord. No. 10798) (Amended 06/13/23, Ord. No. 10853

(d) Residential Care Facilities. (Amended 04/28/17, Ord. No. 10471) (Repealed 06/13/23, Ord No. 10853)

(e) Irregular Schedules.

(1) Non-Exempt Employees. When an eligible employee is assigned by his/her appointing authority to a work schedule which results in more than forty (40) hours being worked in any workweek, the hours in the week over forty (40) shall be paid as overtime. Nonexempt employees shall not be assigned a regular work schedule that has more than 40 hours in one week.

Eligible Classes: Classes with overtime designator "N", excluding DI, DM, DS, PO, SO and employees covered under the 7J Exemption of FLSA.

(2) Exempt Employees. When an eligible employee and his/her appointing authority agree to a routinely scheduled, flexible work schedule which results in more than forty (40) hours being worked in one (1) week and less than forty (40) hours being worked, in the subsequent week, the hours in the week over forty (40) shall not be paid as overtime unless the total number of hours worked in the biweekly pay period exceeds eighty (80).

Eligible Classes: Classes with overtime designator "E".

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